Transfer-pricing treatment of ITeS margins excludes pass-through tax recoveries and separate delayed-receivables interest after working-capital adjust...
Capacity-utilisation adjustments under TNMM can neutralise substantiated COVID-related idle costs where underutilisation materially affects profitabil...
TNMM functional comparability requires excluding rice manufacturers from a pure Basmati rice trader's benchmark and recognising operating export recei...
Working-capital adjustment subsumes delayed-receivable effects in TNMM benchmarking of captive software-development services, avoiding separate notion...
Transfer-pricing comparability requires exclusion of financially illogical super-profit comparables and correction of unsupported annual-report and ma...
Charitable character assessment preserves Section 80G approval despite inclusive spiritual teachings and incidental religious expenditure within the s...
Penalty proceedings for cash-loan acceptance require assessment proceedings and recorded Assessing Officer satisfaction; absent these, the proceedings...
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The case involves non-compliance with FSSAI Regulations regarding imported areca nuts. The appellant seeks re-export due to inferior quality. The impugned goods were found unfit for human consumption. The Tribunal notes industrial uses of areca nuts and doubts on the presumption of sole human consumption. It suggests a redemption fine in lieu of confiscation and a reduced penalty of Rs.10 Lakhs for the appellant. The appellant's objection on testing procedures is noted, but the report's findings on non-compliance with standards are not challenged. The penalty on the appellant is reduced from Rs.2 Crores to Rs.10 Lakhs. The appeal is partially allowed.
The case involves non-compliance with FSSAI Regulations regarding imported areca nuts. The appellant seeks re-export due to inferior quality. The impugned goods were found unfit for human consumption. The Tribunal notes industrial uses of areca nuts and doubts on the presumption of sole human consumption. It suggests a redemption fine in lieu of confiscation and a reduced penalty of Rs.10 Lakhs for the appellant. The appellant's objection on testing procedures is noted, but the report's findings on non-compliance with standards are not challenged. The penalty on the appellant is reduced from Rs.2 Crores to Rs.10 Lakhs. The appeal is partially allowed.
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